Kenya Building, Construction, Timber & Furniture Industries Employees Union v Dhanjal Brothers Limited [2015] KEELRC 470 (KLR) | Unfair Termination | Esheria

Kenya Building, Construction, Timber & Furniture Industries Employees Union v Dhanjal Brothers Limited [2015] KEELRC 470 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA

CAUSE NO. 75 OF 2015

BETWEEN

KENYA BUILDING, CONSTRUCTION, TIMBER & FURNITURE

INDUSTRIES EMPLOYEES UNION…………..………........................... CLAIMANT

VERSUS

DHANJAL BROTHERS LIMITED.................................................. RESPONDENT

Rika J.

Court Assistant:  Benjamin Kombe

Representative  for  the Claimant absent.

Mr. Oyier Advocate holding brief for Ms. Rajab Advocate instructed by Kadima & Company  for the Respondent

______________________________________________________________________________

ISSUE IN DISPUTE:  UNFAIR AND UNLAWFUL TERMINATION

AWARD

[Rule 27[1][a] of the Industrial Court [Procedure] Rules 2010]

1. The Claimant filed its Statement of Claim on 17th February 2015.

2. The Respondent filed its Statement of Response on 18th May 2015.

3. On 1st September, 2015 the Parties informed the Court they have settled the dispute on the following terms:-

The Respondent do pay the 1st Grievant Kenya Shillings Two Hundred and Ten Thousand only (Kshs. 210,000/=) all inclusive being the final settlement of the Claim herein.

The Respondent do pay the 2nd Grievant Kenya Shillings Eighty Thousand only (Kshs. 80,000/=) all inclusive being the final settlement of the Claim herein.

The Respondent do pay costs of this Suit of Kenya Shillings Fifty Thousand only (Kshs. 50,000/=).

That this matter be marked as settled upon execution of the above clauses.

4. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.

IT IS ORDERED:-

Award is entered in terms of the Parties’ proposal above.

Dated and delivered at Mombasa this 1st day of September, 2015.

James Rika

Judge